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FUNDING APPROVAL AGREEMENTPt tEwrop 7�a* J"LL,!UJ,� * Np GAeAN DEN/OP October 3rd, 2018 Honorable George N Cretekos Mayor of the City of Clearwater Post Office Box 4748 112 S Osceola Ave Clearwater, FL 33758-4748 U. S. Department of Housing and Urban Development Jacksonville Field Office Charles Bennett Federal Building 400 West Bay Street Suite 1015 Jacksonville, Florida 32202-4410 -i-ii --‘ OCT 0 9 2u1S By C , SUBJECT: Fiscal Year 2018 Action Plan and Grant Approvals For the City of Clearwater, Florida Dear Mayor Cretekos: The Fiscal Year 2018 Action Plan submitted by the City of Clearwater has been reviewed by HUD and approved. Based on this approval, I am pleased to transmit to you Fiscal Year 2018 grant agreements for the following program contained in your Plan: Community Development Block Grant (CDBG) - $740,943 HOME Investment Partnerships Program - $383,146 The program year for the above grants is October 1, 2018 through September 30, 2019. Enclosed are the grant agreements, to be signed and dated by the City of Clearwater, for the programs contained in your Action Plan. After signing, please return one original grant agreement to this Office and retain the second for your records. Please note the below requirements for this program year that have changed. CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). The CDBG program continues to improve neighborhoods, provide decent housing, and create new economic opportunities, with special focus on serving low -and moderate -income persons. The program's success is the result of strong partnerships among elected officials at all levels of government, neighborhood based nonprofit organizations, private sector, and HUD. We thank you for your continued service and cooperation to ensure that the CDBG program thrives far into the future. As a part of the mandate from Congress to administer the CDBG program, HUD determines annually whether each CDBG Entitlement Community is carrying out its activities "in HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. www.hud.gov espanol.hud.gov a timely manner". We are pleased to announce that your community has once again met this standard. This is a significant accomplishment and we thank you for all of your hard work and dedication. We also congratulate you and your staff on the preparation of your Action Plan and look forward to working with you over the coming year to accomplish the goals set forth for your community and to further refine and improve your Consolidated Plan. If you have any questions or require further information or assistance, please contact, Larry Lopez, Senior Community Planning and Development Representative at (904) 208-6008 or by email at Larry.M.Lopez@'hud.gov. Very sincerely yours Tom Bilodeau, Program Manager, Community Planning and Development Division, 4HD Enclosure: Grant Agreements 00ENToF G 1 z * 'U L fii l C) 4 IIIIII11 o- - 4/v DE.J- Good Day, U. S. Department of Housing and Urban Development Jacksonville Field Office CPD Division, 4HD Charles Bennett Federal Building 400 West Bay Street, Suite 1015 Jacksonville, Florida 32202-4410 These copies of the fully executed, signed and dated Grant Agreement are YOUR COPIES for your records. Kevin P Chung Financial Analyst U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street, Suite 1015 Jacksonville, FL 32202 Phone: (904) 208-6116 Email: kevin.p.chungL-hud.gov HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. www.hud.gov espanol.hud.gov Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI -00515R of 20515R U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 exp 5/31/2018 1. Name of Grantee (as shown in item 5 of Standard Form 424) [ g n th rr•1T13t , C/ry DG 4Br4AO*fa �G r'LDZ+O.I 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) PO Box 4748 Clearwater, FL 33758-4748 3a. Grantee's 9 -digit Tax ID Number 596000289 3b. Grantee's 9 -digit DUNS Number 078307303 4. Date use of funds may begin 10/01/2018 5a. Project/Grant No. 1 B -18 -MC -12-0002 5b. Project/Grant No. 2 6a. Amount Approved $740,943.00 6b. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Tom Bilodeau Grantee Name C,r'y DI'GI-4•i 4 kail464 Title Program Manager Title FLAG 04 Ci Pi 4 40W44F4 Signature VL._.____Date (mm/dd/yyyy) 10/03/2018 Signature 10-1.1.4,44A.,.... Date (mm/dd/yyyy) 7. Category of Title I Assistance for this Funding Action: Entitlement, Sec 106(b) ' 8. Special Conditions (check one) • None 9a. Date HUD Received Submission 08/13/2018 10. check one Orig. Funding Approval Amendment Amendment Number 0 a. 9b. Date Grantee Notified 10/03/2018 0 Attached • b. 9c. Date of Start of Program Year (10/01/2018) 11. Amount of Community Development Block Grant FY (2018) FY (2017) FY ( ) a. Funds Reserved for this Grantee $740,885.00 $ 58.00 b. Funds now being Approved c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved N/A 12b. Name and complete Address of Public Agency C9 iv Oi' C cEA.t i4) 4r , •FL,. PO Box 4748 Clearwater, FL 33758-4748 Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency di4 Title Signature HUD Accounting use Only Batch TAC Program Y A Reg Area Document No. 1 5 3 1 7 6 Project Number Category Project Number Project Number Amount Amount Amount Effective Date (mm/dd/yyyy) F Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD -7082 (5/15) 8. Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2025. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2025. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication -related, water - related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common - carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372 -Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this .agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). Funding Approval and HOME Investment Partnerships Agreement Title II of the National Affordable Housing Act U.S. Department of Housing and Urban Development Office of Community Planning and Development 1. Participant Name and Address 4/Ty DF at,E4 4)41F4,t=/.1).L4O4 Po Box 4748 Clearwater, FL 33758-4748 6. Previous Obligation (Enter "0" for initial FY allocation) a. Formula Funds b. Community Housing Development Org. (CHDO) Competitive 7. Current Transaction (+ or -) a. Formula Funds 1. CHDO (For deobligations only) 2. Non- CHDO (For deobligations only) b. CHDO Competitive Reallocation or Deobligation 8. Revised Obligation a. Formula Funds b. CHDO Competitive Reallocation 9. Special Conditions (check applicable box) El Not applicable 0 Attached 2. Grant Number: M18-MC120230 3a Tax Identification Number: 596000289 3b. Unique Entity Identifier (formerly DUNS): 078307303 4. Appropriation Number 86 8/1 0205 $383,146.00 $383,146.00 5. FY (yyyy) 2018 10. Date of Obligation (Congressional Release Date) (mm/dd/yyyy): 10/03/2018 11. Indirect Cost Rate* Administering Agency/Dept. Indirect Cost Rate % Direct Cost Base 12. Period of Performance: Date in Box #10 - 09/01/2026 * If funding assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E -Cost Principles, provide the name of the department/agency, its indirect cost rate (including if the de minimis rate is charged per 2 § CFR 200.414), and the direct cost base to which the rate will be applied. Do not include cost rates for subrecipients. This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD -40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) conceming the Universal Numbering System and System for Award Management (SAM) requirements in Appendix A to 2 CFR part 25, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170. The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September 1' of the 5'h fiscal year after the expiration of the period of availability for obligation. Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose. Per 31 U.S.C. 1552. The grantee shall not incur any obligations to be paid with such assistance after the end of the Period of Performance. 13. For the U.S. Department of HUD (Name and Title of Authorized Official) 14. 15. Date Tom Bilodeau, HUD Community Planning and Development Program Manager 10/03/2018 16. For the Participating Jurisdiction/Entity (Name and Title of Authorized Official) W/t1-i*u 6. Ai 444E, C/tv 441Y4iEL- 19. Check one: Initial Agreement 20. Funding Information: HOME Source of Funds Appropriation Code 2018 86 8/1 0205 2017 86 7/0 0205 2016 86 6/9 0205 17. S. ature 18. Date i ° /23/ 2.0� ❑ Amendment # PAS Code HMF HMF HMF Amount $382,712.00 $ 113.00 $ 321.00 Page 1 form HUD -40093 Good Day, U. S. Department of Housing and Urban Development Jacksonville Field Office CPD Division, 4HD Charles Bennett Federal Building 400 West Bay Street, Suite 1015 Jacksonville, Florida 32202-4410 Please return these copies of the fully executed, signed and dated Grant Agreements to Kevin Chung at the below address. The other signed copies are for your records. Kevin P Chung Financial Analyst U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street, Suite 1015 Jacksonville, FL 32202 Phone: (904) 208-6116 Email: kevin.p.chung@hud.gov HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. www.hud.gov espanol.hud.gov Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI -00515R of 20515R U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 exp 5/31/2018 1. Name of Grantee (as shown in item 5 of Standard Form 424) CITY of C44044&41iL fhatio 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) PO Box 4748 Clearwater, FL 33758-4748 3a. Grantee's 9 -digit Tax ID Number 596000289 3b. Grantee's 9 -digit DUNS Number 078307303 4. Date use of funds may begin 10/01/2018 5a. Project/Grant No. 1 B -18 -MC -12-0002 5b. Project/Grant No. 2 6a. Amount Approved $740,943.00 6b. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Tom Bilodeau Grantee Name CITY Dft4L IZIOAT04, Title Program Manager Title Fs'P+G D4 G /7 bl 6t 8 4 4 6.54. Signature i • , Date (mm/dd/yyyy) 10/03/2018 Signature lia(20:40tA es • 1411446. Date (mm/dd/yyyy) 7. Category of Title I Assistance for this Funding Action: Entitlement, Sec 106(b) 8. Special Conditions (check one) 1 None 9a. Date HUD Received Submission 08/13/2018 10. check one Orig. Funding Approval Amendment Amendment Number 0 a. 9b. Date Grantee Notified 10/03/2018 0 Attached • b. 9c. Date of Start of Program Year (10/01/2018) 11. Amount of Community Development Block Grant FY (2018) $740,885.00 FY (2017) $ 58.00 FY ( ) a. Funds Reserved for this Grantee b. Funds now being Approved c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved N/A 12b. Name and complete Address of Public Agency C i>'y DA' Ot.84B4.r6rG/ ,"'‘..4,14,/, 4 PO Box 4748 Clearwater, FL 33758-4748 Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency 414 Title Signature HUD Accounting use Only Batch TAC Program Y A Reg Area Document No. Project Number Category 1 5 3 1 7 6 Project Number Project Number Amount Amount Amount Effective Date (mm/dd/yyyy) F Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD -7082 (5/15) `L 8. Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2025. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2025. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base % % % Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication -related, water - related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common - carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372 -Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this .agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). Funding Approval and HOME Investment Partnerships Agreement Title II of the National Affordable Housing Act U.S. Department of Housing and Urban Development Office of Community Planning and Development 1. Participant Name and Address C 1 TV OF 04.044 0011.4 4, F404 AIM Po Box 4748 Clearwater, FL 33758-4748 2. Grant Number: M18-MC120230 3a Tax Identification Number: 596000289 3b. Unique Entity Identifier (formerly DUNS): 078307303 4. Appropriation Number 86 8/1 0205 5. POW') 2018 6. Previous Obligation (Enter "0" for initial FY allocation) a. Formula Funds b. Community Housing Development Org. (CHDO) Competitive 7. Current Transaction (+ or -) a. Formula Funds 1. CHDO (For deobligations only) 2. Non- CHDO (For deobligations only) b. CHDO Competitive Reallocation or Deobligation 8. Revised Obligation a. Formula Funds b. CHDO Competitive Reallocation 9. Special Conditions (check applicable box) El Not applicable 0 Attached 10. Date of Obligation (Congressional Release Date) (mm/dd/yyyy): 10/03/2018 11. Indirect Cost Rate* Administering Agency/Dept. Indirect Cost Rate % % % Direct Cost Base 12. Period of Performance: Date in Box #10 - 09/01/2026 * If funding assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E -Cost Principles, provide the name of the department/agency, its indirect cost rate (including if the de minimis rate is charged per 2 § CFR 200.414), and the direct cost base to which the rate will be applied. Do not include cost rates for subrecipients. This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD -40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD•regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) conceming the Universal Numbering System and System for Award Management (SAM) requirements in Appendix A to 2 CFR part 25, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170. The Period of Performance for the funding assistance shall begin on the date specified in item 2 and shall end on September 1' of the 5'h fiscal year after the expiration of the period of availability for obligation. Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose. Per 31 U.S.C. 1552. The grantee shall not incur any obligations to be paid with such assistance after the end of the Period of Performance. 13. For the U.S. Department of HUD (Name and Title of Authorized Official) Tom Bilodeau, HUD Community Planning and Development Program Manager 15. Date 10/03/2018 16. For the Participating Jurisdiction/Entity (Name and Title of Authorized Official) &dLL.1,+.ic 6,1,D<de,/// airy 4r *no 446=14. 19. Check one: ® Initial Agreement ❑ Amendment # 20. Funding Information: HOME Source of Funds Appropriation Code 2018 2017 2016 86 8/1 0205 86 7/0 0205 86 6/9 0205 PAS Code HMF HMF HMF 17. Si ature 18. Date /a /23/zix$ Amount $382,712.00 $ 113.00 $ 321.00 Page 1 form HUD -40093 APPENDIX A Introduction This appendix consists of Section 105(a) of the Housing and Community Development Act of 1974 (HCDA). Because the Eligible Activities section of the State CDBG regulations (refer to 570.482 in Appendix B) are minimal, the states must use HCDA as the primary authority for determining eligibility of potential state CDBG activities. HCDA Section Eligible Activities 1O5(a) Section 105(a) Activities assisted under this title may include only— Section 1O5(a)(1) (1) the acquisition of real property (including air rights, water rights, and other interests therein) which is (A) blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth; (B) appropriate for rehabilitation or conservation activities; (C) appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development; (D) to be used for the provision of public works, facilities, and improvements eligible for assistance under this title; or (E) to be used for other public purposes State Community Development Block Grant Program Appendix A ❖ 1 Section 105(a)(2) Section 105(a)(3) Section 105(a)(4) Section 105(a)(5) Section 105(a)(6) Section 105(a)(7) Section 105(a)(8) (2) the acquisition, construction, reconstruction, or installation (including design features and improvements with respect to such construction, reconstruction, or installation that promote energy efficiency) of public works, facilities (except for buildings for the general conduct of government), and site or other improvements; (3) code enforcement in deteriorated or deteriorating areas in which such enforcement, together with public or private improvements or services to be provided, may be expected to arrest the decline of the area; (4) clearance, demolition, removal, reconstruction, and rehabilitation (including rehabilitation which promotes energy efficiency) of buildings and improvements (including interim assistance, and financing public or private acquisition for reconstruction or rehabilitation, and reconstruction or rehabilitation, of privately owned properties, and including the renovation of closed school buildings); (5) special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons; (6) payments to housing owners for losses of rental income incurred in holding for temporary periods housing units to be utilized for the relocation of individuals and families displaced by activities under this title; (7) disposition (through sale, lease, donation, or otherwise) of any real property acquired pursuant to this title or its retention for public purposes; (8) provision of public services, including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs, if such services have not been provided by the unit of general local government (through funds raised by such unit, or received by such unit from the State in which it is located) during any part of the twelve- month period immediately preceding the date of submission of the statement with respect to which funds are to be made available under this title, and which are to be used for such services, unless the Secretary finds that the discontinuation of such services was the result of events not within the control of the unit of general local government, 2 ❖ Appendix A State Community Development Block Grant Program Section 105(a)(9) Section 105(a)(10) Section 105(a)(11) Section 105(a)(12) except that not more than 15 per centum of the amount of any assistance to a unit of general local government (or in the case of nonentitled communities not more than 15 per centum statewide) under this title including program income may be used for activities under this paragraph unless such unit of general local government used more than 15 percent of the assistance received under this title for fiscal year 1982 or fiscal year 1983 for such activities (excluding any assistance received pursuant to Public Law 98-8), in which case such unit of general local government may use not more than the percentage or amount of such assistance used for such activities for such fiscal year, whichever method of calculation yields the higher amount, except that of any amount of assistance under this title (including program income) in each of fiscal years 1993 through 2000 to the City of Los Angeles and County of Los Angeles, each such unit of general government may use not more than 25 percent in each such fiscal year for activities under this paragraph, and except that of any amount of assistance under this title (including program income) in each of the fiscal years 1999, 2000, and 2001, to the City of Miami, such city may use not more than 25 percent in each fiscal year for activities under this paragraph; (9) payment of the non -Federal share required in connection with a Federal grant-in-aid program undertaken as part of activities assisted under this title; (10) payment of the cost of completing a project funded under title 1I of the Housing Act of 1949; (11) relocation payments and assistance for displaced individuals, families, businesses, organizations, and farm operations, when determined by the grantee to be appropriate; (12) activities necessary (A) to develop a comprehensive community development plan, and (B) to develop a policy -planning -management capacity so that the recipient of assistance under this title may more rationally and effectively (i) determine its needs, (ii) set long-term goals and short-term objectives, (iii) devise programs and activities to meet these goals and State Community Development Block Grant Program Appendix A ❖ 3 Section 105(a)(13) Section 105(a)(14) objectives, (iv) evaluate the progress of such programs in accomplishing these goals and objectives, and (v) carry out management, coordination, and monitoring of activities necessary for effective planning implementation; (13) payment of reasonable administrative costs related to establishing and administering federally approved enterprise zones and payment of reasonable administrative costs and carrying charges related to (A) administering the HOME program under title II of the Cranston - Gonzalez National Affordable Housing Act; and (B) the planning and execution of community development and housing activities, including the provision of information and resources to residents of areas in which community development and housing activities are to be concentrated with respect to the planning and execution of such activities, and including the carrying out of activities as described in section 701(e) of the Housing Act of 1954 on the date prior to the date of enactment of the Housing and Community Development Amendments of 1981; (14) provision of assistance including loans (both interim and long- term) and grants for activities which are carried out by public or private nonprofit entities, including (A) acquisition of real property; (B) acquisition, construction, reconstruction, rehabilitation, or installation of (i) public facilities (except for buildings for the general conduct of government), site improvements, and utilities, and (ii) commercial or industrial buildings or structures and other commercial or industrial real property improvements; and (C) planning; 4 ❖ Appendix A State Community Development Block Grant Program Section 1O5(a)(15) Section 1O5(a)(16) Section 1O5(a)(17) (15) assistance to neighborhood -based nonprofit organizations, local development corporations, nonprofit organizations serving the development needs of the communities in nonentitlement areas, or entities organized under section 301(d) of the Small Business Investment Act of 1958 to carry out a neighborhood revitalization or community economic development or energy conservation project in furtherance of the objectives of section 101(c) of this title, and assistance to neighborhood -based nonprofit organizations, or other private or public nonprofit organizations, for the purpose of assisting, as part of neighborhood revitalization or other community development, the development of shared housing opportunities (other than by construction of new facilities) in which elderly families (as defined in section 3(b)(3) of the United States Housing Act of 1937) benefit as a result of living in a dwelling in which the facilities are shared with others in a manner that effectively and efficiently meets the housing needs of the residents and thereby reduces their cost of housing; (16) activities necessary to the development of energy use strategies related to a recipient's development goals, to assure that those goals are achieved with maximum energy efficiency, including items such as— (A) an analysis of the manner in, and the extent to, which energy conservation objectives will be integrated into local government operations, purchasing and service delivery, capital improvements budgeting, waste management, district heating and cooling, land use planning and zoning, and traffic control, parking, and public transportation functions; and (B) a statement of the actions the recipient will take to foster energy conservation and the use of renewable energy resources in the private sector, including the enactment and enforcement of local codes and ordinances to encourage or mandate energy conservation or use of renewable energy resources, financial and other assistance to be provided (principally for the benefit of low- and moderate -income persons) to make energy conserving improvements to residential structures, and any other proposed energy conservation activities; (17) provision of assistance to private, for-profit entities, when the assistance is appropriate to carry out an economic development project (that shall minimize, to the extent practicable, displacement of existing businesses and jobs in neighborhoods) that— (A) creates or retains jobs for low- and moderate -income persons; State Community Development Block Grant Program Appendix A ❖ 5 Section 105(a)(18) Section 105(a)(19) Section 105(a)(20) Section 105(a)(21) Section 105(a)(22) (B) prevents or eliminates slums and blight; (C) meets urgent needs; (D) creates or retains businesses owned by community residents; (E) assists businesses that provide goods or services needed by, and affordable to, low- and moderate -income residents; or (F) provides technical assistance to promote any of the activities under subparagraphs (A) through (E); (18) the rehabilitation or development of housing assisted under Section 17 of the United States Housing Act of 1937; (19) provision of technical assistance to public or nonprofit entities to increase the capacity of such entities to carry out eligible neighborhood revitalization or economic development activities, which assistance shall not be considered a planning cost as defined in paragraph (12) or administrative cost as defined in paragraph (13); (20) housing services, such as housing counseling, in connection with tenant -based rental assistance and affordable housing projects assisted under title II of the Cranston -Gonzalez National Affordable Housing Act, energy auditing, preparation of work specifications, loan processing, inspections, tenant selection, management of tenant -based rental assistance, and other services related to assisting owners, tenants, contractors, and other entities, participating or seeking to participate in housing activities assisted under title II of the Cranston -Gonzalez National Affordable Housing Act; (21) provision of assistance by recipients under this title to institutions of higher education having a demonstrated capacity to carry out eligible activities under this subsection for carrying out such activities; (22) provision of assistance to public and private organizations, agencies, and other entities (including nonprofit and for-profit entities) to enable such entities to facilitate economic development by - 6 ❖ Appendix A State Community Development Block Grant Program Section 1O5(a)(23) Section 1O5(a)(24) (A) providing credit (including providing direct loans and loan guarantees, establishing revolving loan funds, and facilitating peer lending programs) for the establishment, stabilization, and expansion of microenterprises; (B) providing technical assistance, advice, and business support services (including assistance, advice, and support relating to developing business plans, securing funding, conducting marketing, and otherwise engaging in microenterprise activities) to owners of microenterprises and persons developing microenterprises; and (C) providing general support (such as peer support programs and counseling) to owners of microenterprises and persons developing microenterprises; (23) activities necessary to make essential repairs and to pay operating expenses necessary to maintain the habitability of housing units acquired through tax foreclosure proceedings in order to prevent abandonment and deterioration of such housing in primarily low- and moderate -income neighborhoods; (24) provision of direct assistance to facilitate and expand homeownership among persons of low and moderate income (except that such assistance shall not be considered a public service for purposes of paragraph (8)) by using such assistance to— (A) subsidize interest rates and mortgage principal amounts for low - and moderate -income homebuyers; (B) finance the acquisition by low- and moderate -income homebuyers of housing that is occupied by the homebuyers; (C) acquire guarantees for mortgage financing obtained by low- and moderate -income homebuyers from private lenders (except that amounts received under this title may not be used under this subparagraph to directly guarantee such mortgage financing and grantees under this title may not directly provide such guarantees); (D) provide up to 50 percent of any downpayment required from low - or moderate -income homebuyer; or (E) pay reasonable closing costs (normally associated with the purchase of a home) incurred by low- or moderate -income homebuyers; and State Community Development Block Grant Program Appendix A ❖ 7 Section 1O5(a)(25) (25) lead-based paint hazard evaluation and reduction, as defined in section 1004 of the Residential Lead -Based Paint Hazard Reduction Act of 1992. 8 ❖ Appendix A State Community Development Block Grant Program 10/11/2018 24 CFR Appendix A to Part 570, Guidelines and Objectives for Evaluating Project Costs and Financial Requirements I US Law I LII / Le... Cornell Law School Legal Infor ration Institute [LIT OPEN ACCESS TO LAW SINCE ) 992 CFR > Title 24 > Subtitle B > Chapter V > Subchapter C > Part 570 > Subpart 0 > Appendix A tojart_570 24 CFR Appendix A to Part 570, Guidelines and Objectives for Evaluating Project Costs and Financial Requirements Appendix A to Part 570 - Guidelines and Objectives for Evaluating Project Costs and Financial Requirements I. Guidelines and Objectives for Evaluating Project Costs and Financial Requirements. HUD has developed the following guidelines that are designed to provide the recipient with a framework for financially underwriting and selecting CDBG-assisted economic development projects which are financially viable and will make the most effective use of the CDBG funds. The use of these underwriting guidelines as published by HUD is not mandatory. However, grantees electing not to use these underwriting guidelines would be expected to conduct basic financial underwriting prior to the provision of CDBG financial assistance to a for-profit business. States electing not to use these underwriting guidelines would be expected to ensure that the state or units of general local government conduct basic financial underwriting prior to the provision of CDBG financial assistance to a for-profit business. II. Where appropriate, HUD's underwriting guidelines recognize that different levels of review are appropriate to take into account differences in the size and scope of a proposed project, and in the case of a microenterprise or other small business to take into account the differences in the capacity and level of sophistication among businesses of differing sizes. III. Recipients are encouraged, when they develop their own programs and underwriting criteria, to also take these factors into account. For example, a recipient administering a program providing only technical assistance to small businesses might choose to apply underwriting guidelines to the technical assistance program as a whole, rather than to each instance of assistance to a business. Given the nature and dollar value of such a program, a recipient might choose to limit its evaluation to factors such as the extent of need for this type of assistance by the target group of businesses and the extent to which this type of assistance is already available. IV. The objectives of the underwriting guidelines are to ensure: (1) that project costs are reasonable; (2) that all sources of project financing are committed; (3) that to the extent practicable, CDBG funds are not substituted for non -Federal financial support; (4) that the project is financially feasible; (5) that to the extent practicable, the return on the owner's equity investment will not be unreasonably high; and 4.4... .ii K7n 1/4 10/11/2018 24 CFR Appendix A to Part 570, Guidelines and Objectives for Evaluating Project Costs and Financial Requirements I US Law LII / Le... (6) that to the extent practicable, CDBG funds are disbursed on a pro rata basis with other finances provided to the project. i. Project costs are reasonable. i. Reviewing costs for reasonableness is important. It will help the recipient avoid providing either too much or too little CDBG assistance for the proposed project. Therefore, it is suggested that the grantee obtain a breakdown of all project costs and that each cost element making up the project be reviewed for reasonableness. The amount of time and resources the recipient expends evaluating the reasonableness of a cost element should be commensurate with its cost. For example, it would be appropriate for an experienced reviewer looking at a cost element of less than $10,000 to judge the reasonableness of that cost based upon his or her knowledge and common sense. For a cost element in excess of $10,000, it would be more appropriate for the reviewer to compare the cost element with a third -party, fair -market price quotation for that cost element. Third -party price quotations may also be used by a reviewer to help determine the reasonableness of cost elements below $10,000 when the reviewer evaluates projects infrequently or if the reviewer is less experienced in cost estimations. If a recipient does not use third -party price quotations to verify cost elements, then the recipient would need to conduct its own cost analysis using appropriate cost estimating manuals or services. ii. The recipient should pay particular attention to any cost element of the project that will be carried out through a non -arms -length transaction. A non -arms -length transaction occurs when the entity implementing the CDBG assisted activity procures goods or services from itself or from another party with whom there is a financial interest or family relationship. If abused, non -arms - length transactions misrepresent the true cost of the project. 2. Commitment of all project sources of financing. The recipient should review all projected sources of financing necessary to carry out the economic development project. This is to ensure that time and effort is not wasted on assessing a proposal that is not able to proceed. To the extent practicable, prior to the commitment of CDBG funds to the project, the recipient should verify that: sufficient sources of funds have been identified to finance the project; all participating parties providing those funds have affirmed their intention to make the funds available; and the participating parties have the financial capacity to provide the funds. 3. Avoid substitution of CDBG funds for non -Federal financial support. i. The recipient should review the economic development project to ensure that, to the extent practicable, CDBG funds will not be used to substantially reduce the amount of non -Federal financial support for the activity. This will help the recipient to make the most efficient use of its CDBG funds for economic development. To reach this determination, the recipient's reviewer would conduct a financial underwriting analysis of the project, including reviews of appropriate projections of revenues, expenses, debt service and returns on equity investments in the project. The extent of this review should be appropriate for the size and complexity of the project and should use industry standards for similar projects, taking into account the unique factors of the project such as risk and location. il. Because of the high cost of underwriting and processing loans, many private financial lenders do not finance commercial projects that are less than $100,000. A recipient should familiarize itself with the lending practices of the financial institutions in its community. If the project's total cost is one that would normally fall within the range that financial institutions participate, then the recipient should normally determine the following: 10/11/208 24 CFR Appendix A to Part 570, Guidelines and Objectives for Evaluating Project Costs and Financial Requirements I US Law I LII / Le... A. Private debt financing - whether or not the participating private, for-profit business (or other entity having an equity interest) has applied for private debt financing from a commercial lending institution and whether that institution has completed all of its financial underwriting and loan approval actions resulting in either a firm commitment of its funds or a decision not to participate in the project; and B. Equity participation - whether or not the degree of equity participation is reasonable given general industry standards for rates of return on equity for similar projects with similar risks and given the financial capacity of the entrepreneur(s) to make additional financial investments. iii. If the recipient is assisting a microenterprise owned by a low- or moderate -income person(s), in conducting its review under this paragraph, the recipient might only need to determine that non - Federal sources of financing are not available (at terms appropriate for such financing) in the community to serve the low- or moderate -income entrepreneur. 4. Financial feasibility of the project. i. The public benefit a grantee expects to derive from the CDBG assisted project (the subject of separate regulatory standards) will not materialize if the project is not financially feasible. To determine if there is a reasonable chance for the project's success, the recipient should evaluate the financial viability of the project. A project would be considered financially viable if all of the assumptions about the project's market share, sales levels, growth potential, projections of revenue, project expenses and debt service (including repayment of the CDBG assistance if appropriate) were determined to be realistic and met the project's break-even point (which is generally the point at which all revenues are equal to all expenses). Generally speaking, an economic development project that does not reach this break- even point over time is not financially feasible. The following should be noted in this regard: A. some projects make provisions for a negative cash flow in the early years of the project while space is being leased up or sales volume built up, but the project's projections should take these factors into account and provide sources of financing for such negative cash flow; and B. it is expected that a financially viable project will also project sufficient revenues to provide a reasonable return on equity investment. The recipient should carefully examine any project that is not economically able to provide a reasonable return on equity investment. Under such circumstances, a business may be overstating its real equity investment (actual costs of the project may be overstated as well), or it may be overstating some of the project's operating expenses in the expectation that the difference will be taken out as profits, or the business may be overly pessimistic in its market share and revenue projections and has downplayed its profits. ii. In addition to the financial underwriting reviews carried out earlier, the recipient should evaluate the experience and capacity of the assisted business owners to manage an assisted business to achieve the projections. Based upon its analysis of these factors, the recipient should identify those elements, if any, that pose the greatest risks contributing to the project's lack of financial feasibility. 5. Return on equity investment. To the extent practicable, the CDBG assisted activity should provide not more than a reasonable return on investment to the owner of the assisted activity. This will help ensure that the grantee is able to maximize the use of its CDBG funds for its economic development objectives. However, care should also be taken to avoid the situation where the owner is likely to receive too small a return on his/her investment, so that his/her motivation hffno•/A..,..,., In,., rnmoli crit,/nfr/tovfP,A/,nnnnrfiv_A to nor+ F7n 4/d r 10/11/2018 24 CFR Appendix A to Part 570, Guidelines and Objectives for Evaluating Project Costs and Financial Requirements I US Law 1 LII / Le... remains high to pursue the business with vigor. The amount, type and terms of the CDBG assistance should be adjusted to allow the owner a reasonable return on his/her investment given industry rates of return for that investment, local conditions and the risk of the project. 6. Disbursement of CDBG funds on a pro rata basis. To the extent practicable, CDBG funds used to finance economic development activities should be disbursed on a pro rata basis with other funding sources. Recipients should be guided by the principle of not placing CDBG funds at significantly greater risk than non-CDBG funds. This will help avoid the situation where it is learned that a problem has developed that will block the completion of the project, even though all or most of the CDBG funds going in to the project have already been expended. When this happens, a recipient may be put in a position of having to provide additional financing to complete the project or watch the potential loss of its funds if the project is not able to be completed. When the recipient determines that it is not practicable to disburse CDBG funds on a pro rata basis, the recipient should consider taking other steps to safeguard CDBG funds in the event of a default, such as insisting on securitizing assets of the project. [ 60 FR 1953, Jan. 5, 1995] Assisted Living Facility - Princeton Village Of Largo Home -Like, Mid -Sized Retirement. Facility. 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